NECESSITY, FUNCTION, AND CONFORMITY:
1998 Ky. Acts ch. 606, sec. 50 provides that the Attorney General shall develop
and administer a program for the protection of crime victims and witnesses and
their immediate families. This administrative regulation establishes the Victim
and Witness Protection Program.

2. A crime witness expected to testify
before a grand jury, at a trial, or other judicial proceeding; or

3. A member of the immediate family of
a crime victim or crime witness; and

(b) Cooperating with the law
enforcement agency providing the protective services and performing the investigation,
and the prosecutor of a criminal case; and

(c) At substantial risk of imminent
serious physical injury; and

(d) Unable to provide protective
services to himself.

Section 2. Eligible Costs. (1)
Excluding distributions of advances pursuant to Section 5 of this
administrative regulation, program funding shall be limited to the
reimbursement of the costs of protective services provided to a victim or
witness at risk of harm.

(2) Reimbursement shall be limited to
the costs of protective services provided by a law enforcement agency to a
victim or witness at risk of harm for a maximum of 180 days in each criminal
case. Each day during which protective services are provided shall count as one
(1) day.

(3) Reimbursement shall be limited to
the costs for protective services that:

(a) Were paid by the law enforcement
agency with the funds of:

1. The law enforcement agency; or

2. A fiscal court; or

3. A city government; or

4. Other fund sources available to the
law enforcement agency; and

(b) Meet the requirements established
by the provisions of this administrative regulation; and

(c) Are not funded by appropriations or
other funds allocated to the law enforcement agency that provided the
protective services.

(4) Reimbursement shall be limited to
the costs of protective services that were necessary and reasonable for the
protection of a victim or witness at risk of harm.

(5) The following costs of protective
services shall be deemed reasonable:

(a) The regular hourly wage and benefit
rate, or the regular overtime hourly wage and benefit rate when applicable, of
the employee of a law enforcement agency that provided protective services to a
victim or witness at risk of harm.

(b) Cost of lodging that:

1. Is the most economical lodging, at
government rates if available; and

2. Has been determined by the law
enforcement agency to be appropriate for the protection of the victim or
witness at risk of harm.

(c) Meals, as follows:

1. Areas designated as nonhigh rate
areas by the Secretary of the Finance and Administration Cabinet in 200 KAR
2:006: a maximum of six (6) dollars, per person, for breakfast; seven (7)
dollars, per person, for lunch; and fourteen (14) dollars, per person, for
supper; and

2. Areas designated as high rate areas
by the Secretary of the Finance and Administration Cabinet in 200 KAR 2:006: a
maximum of seven (7) dollars, per person, for breakfast; eight (8) dollars, per
person, for lunch; and eighteen (18) dollars, per person, for supper.

(d) Cost of the most economical personal
hygiene products.

(e) Cost of emergency long distance
phone calls to family members or employers.

(f) Cost of clothing items that have
been determined by the law enforcement agency to be required for the protection
of the victim or witness at risk of harm.

(g) Cost of child care, at the most
economical rate, that has been determined by the law enforcement agency to be
appropriate for the protection of the victim or witness at risk of harm.

(h) Cost of the temporary emergency use
of a cellular phone.

(i) Actual mileage at twenty seven (27)
cents per mile.

(j) Cost of a rental vehicle at the
most economical rate available.

(k) Cost of cab, bus, train, or air
fare at the most economical rate available that has been determined by the law
enforcement agency to be appropriate transportation for the protection of the
victim or witness at risk of harm.

(l) Cost of temporary storage of a
vehicle at the most economical rate available that has been determined by the
law enforcement agency to be appropriate for the protection of the victim or
witness at risk of harm.

(m) Cost of the installation, rekeying,
repair, or replacement of locks at a locksmith’s regular rate for government
work.

(n) Cost of the installation of a
temporary alarm at an installer’s regular rate for government work.

(6) The Attorney General shall approve
the reimbursement of the costs of protective services that are not specified in
subsection (5) of this section, if he has determined that under the
circumstances the costs were necessary and reasonable for the protection of a
victim or witness at risk of harm.

(7) Reimbursement shall be limited to
the most economical costs, at government rates if applicable, of protective
services that met the needs of the protective services.

(8) Reimbursement of the cost of
protective equipment shall be limited to the portion of its value allocated to
use in the protective services, if the equipment is retained by the victim or
witness at risk of harm.

(9) A law enforcement agency providing
protective services shall utilize an available existing government service, if
it determines that the service is appropriate for the protection of the victim
or witness at risk of harm.

(10) A law enforcement agency shall
comply with applicable state or local procurement requirements.

Section 3. Law Enforcement Agency’s
Application for Reimbursement. (1) A law enforcement agency seeking
reimbursement of the costs of protective services provided to a victim or
witness at risk of harm shall submit an application for reimbursement to a
prosecutor who has jurisdiction over the crime.

(2) An application for reimbursement
shall be made on the "Kentucky Victim and Witness Protection Program
Application for Reimbursement" form.

(3) An application for reimbursement
shall include:

(a) The name of the law enforcement
agency.

(b) The criminal case name and number
or defendant’s name, if known.

(c) The name of the person receiving
the protective services.

(d) A signed statement by a law
enforcement officer that the person receiving the protective services is a
victim or witness at risk of harm.

(e) A complete description of the
protective services provided, including:

1. The type of protective services
provided;

2. The name of person who received the
services;

3. The dates the services were
provided;

4. The cost of the protective services;

5. A statement whether the law
enforcement agency expects to submit additional applications for reimbursement
for the criminal case; and

6. A statement whether the costs of
protective services were paid with an advance of program funds specified in
Section 5 of this administrative regulation.

(f) Excluding the receipts for meals to
be reimbursed pursuant to Section 2(5)(c) of this administrative regulation,
the receipts for the protective services provided.

(g) A statement signed by the head of
the law enforcement agency or his authorized agent that the:

1. Law enforcement agency requests
reimbursement of the costs of the protective services provided;

2. Costs of the protective services
meet the requirements established by the provisions of this administrative
regulation; and

3. Costs of the protective services are
not funded by appropriations or other funds allocated to the law enforcement
agency.

(4) The completed application for
reimbursement shall be submitted by the law enforcement agency to a prosecutor
who has jurisdiction over the crime.

Section 4. Prosecutor’s Application for
Reimbursement. (1) A prosecutor shall review an application for reimbursement
submitted by a law enforcement agency and determine whether he will submit the
application to the Attorney General.

(2) If the prosecutor determines to
submit the application for reimbursement to the Attorney General, he shall sign
a statement that he recommends reimbursement of all or part of the costs of the
protective services.

(3) An application for reimbursement
submitted from a prosecutor to the Attorney General shall be transmitted by the
Attorney General to the council for review and recommendations.

(4) The council shall review and
consider an application for reimbursement at a regular meeting, or at a special
meeting called for the purpose of reviewing applications for reimbursement.

(5) The council shall consider
applications in the order received.

(6) The council shall recommend that:

(a) All or part of an application for
reimbursement be approved; or

(b) An application for reimbursement be
denied.

(7) The council shall base its
recommendation on the requirements established by the provisions of this administrative
regulation.

(8) The council shall submit its
recommendation to the Attorney General.

(9) The Attorney General shall review
the recommendation of the council and determine whether to:

(a) Approve all or part of an
application for reimbursement; or

(b) Deny an application for
reimbursement.

(10) If the Attorney General approves
all or part of an application for reimbursement, the law enforcement agency
that provided the protective services shall be reimbursed from program funds in
the amount approved by the Attorney General.

(11) An application for reimbursement
of the costs of protective services may be submitted at any time, after the
protective services were provided, during the state fiscal year in which the
services were provided.

Section 5. Application for Advance of
Funds. (1) A law enforcement agency requesting an advance of program funds
shall submit an application for an advance of program funds to a prosecutor who
has jurisdiction over the crime.

(2) An advance of program funds shall
be limited to a maximum of $500 for each application for an advance of program
funds.

(3) An advance of program funds shall
be limited to the payment of the costs of protective services that:

(a) Have been provided by the law
enforcement agency to a victim or witness at risk of harm; and

(b) Cannot be paid with other funds
available to the law enforcement agency.

(4) An application for an advance of
Program funds shall be made on a "Kentucky Victim and Witness Protection
Program Application for Advance of Program Funds" form.

(5) An application shall include a
statement signed by the head of the law enforcement agency or his authorized
agent that:

(a) It has incurred or will incur costs
of protective services that must be paid before the law enforcement agency can
arrange for payment of the costs;

(b) It requests an advance of program
funds;

(c) It intends to submit an application
for reimbursement of the costs of the protective services pursuant to Section 3
of this administrative regulation;

(d) It will use the advance of program
funds for the provision of protective services pursuant to the provisions of
this administrative regulation; and

(e) The costs of the protective
services for which the advance is requested cannot be paid with other funds
available to the law enforcement agency.

(6) The application shall be submitted
by the law enforcement agency to a prosecutor who has jurisdiction over the
crime.

(7) The prosecutor shall review an
application for an advance of program funds submitted by a law enforcement
agency and determine whether he will submit the application to the Attorney
General.

(8) If the prosecutor determines to
submit the application for an advance of program funds to the Attorney General,
he shall:

(a) Sign a statement that he recommends
all or part of the advance; and

(b) Submit the application for an
advance of program funds to the Attorney General.

(9) The Attorney General shall
distribute an advance of program funds to a law enforcement agency if he
determines that an application complies with the provisions of this section.

(10) The distribution of an advance of
program funds shall be made during the Office of the Attorney General's regular
business hours, Monday through Friday, 8 a.m. to 4:30 p.m., excluding state holidays.

(11) The advance of program funds shall
be limited to the amount recommended by the prosecutor.

(12) The advance of program funds shall
be made payable to the:

(a) Law enforcement agency;

(b) Head of the law enforcement agency;
or

(c) Authorized agent of the head of the
law enforcement agency.

(13) The law enforcement agency shall
report an expenditure of an advance of program funds on its application for
reimbursement specified in Section 3 of this administrative regulation.

(14) The law enforcement agency shall:

(a) Report an unexpended advance of
program funds on its application for reimbursement to the prosecutor; and

(b) Return the unexpended advance of
program funds with its application for reimbursement to the prosecutor.

(15) The law enforcement agency shall
repay the Attorney General the amount of an advance of program funds that it
has expended, if the application for reimbursement of the costs of protective
services for which the advance was made is denied.

(16) A law enforcement agency shall not
submit an application for an advance of program funds for the costs of
protective services for a victim or witness at risk of harm if it has:

(a) Submitted an application for an
advance of program funds for the costs of protective services for that victim
or witness at risk of harm;

(b) Received an advance of Program
funds; and

(c) Not submitted an application for
reimbursement of the costs of the protective services provided with the advance
of the program funds.

Section 6. Notice of Estimated Costs.
(1) If a law enforcement agency begins providing protective services for which
it intends to submit an application for reimbursement to a prosecutor, it shall
notify the prosecutor and Attorney General, within three (3) business days, on
a "Kentucky Victim and Witness Protection Program Notice of Estimated
Costs" form, of the estimated costs and time period of the protective
services it expects to include on the application.

(2) If a law enforcement agency
determines that the cost of the protective services it expects to include on an
application for reimbursement will be greater than the estimated costs
previously reported, it shall immediately submit an updated notice of estimated
costs to the prosecutor and Attorney General.

(3) If the Attorney General determines
that the total of the estimated costs received by the Attorney General pursuant
to subsection (1) of this section exceeds the available program funding, he
shall notify the law enforcement agencies that have submitted a notice of
estimated costs, and law enforcement agencies that submit a notice of estimated
costs thereafter, that program funding may become obligated before the review
of all law enforcement agency applications for reimbursement are completed.

(4) If the Attorney General determines
that all program funding has been obligated for the remainder of a fiscal year,
he shall notify all prosecutors and law enforcement agencies that:

(a) Funding has been obligated; and

(b) If additional funding for the
program becomes available, applicants:

1. Will be notified; and

2. May resubmit applications for
funding.

Section 7. Material Incorporated by
Reference. (1) The following material is incorporated by reference: